Section 40(3)

If, in the case of such an application as is mentioned in subsection (1) above, the application is made at a time after a minimum acceptable flow for the waters in question has been determined under Chapter I of this Part, the appropriate agency, in dealing with the application, shall have regard to the need to secure or, as the case may be, secure in relation to the different times or periods for which the flow is determined— that the flow at any control point will not be reduced below the minimum acceptable flow at that point; or if it is already less than that minimum acceptable flow, that the flow at any control point will not be further reduced below the minimum acceptable flow at that point.

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Source: legislation.gov.uk · retrieved 2026-07-30